I would like to appeal my divorce decree because without my knowledge it appears I agreed to cover my ex-wife’s health insurance after our divorce.
I am not sure if this amount I am paying is covering her insurance premium or out-of-pocket expenses.
Is this normal to cover a former spouse’s health insurance post-divorce, and if not, can I dispute the payments?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Maryland divorce laws where I am licensed to practice.
Generally, an individual will owe no duty to support his former spouse by contributing towards the spouse’s health insurance coverage after the parties’ divorce has been finalized.
However, an individual may be obligated to pay for a former spouse’s health insurance if the parties reached an agreement on post-divorce health insurance payments or if it was ordered by the court in a final divorce decree.
Whether you are required to pay for the former spouse’s health insurance premium or only out-of-pocket medical expenses will depend entirely on what was specified in the parties’ agreement or the final divorce decree.
The agreement or final divorce decree should specify the exact obligation that an individual has to his former spouse with regard to post-divorce contributions to health insurance. The parties will be obligated to follow the terms ordered in the final divorce decree or risk being in contempt of court.
In most jurisdictions, parties will not be able to appeal the final divorce decree if too much time has passed since the divorce decree was issued. For example, in some jurisdictions, parties may only have thirty (30) days from the date of the final divorce decree to appeal the decision.
If the divorce decree incorporated the terms of an agreement reached between the parties, it may be possible for a party to dispute the terms of the agreement based on the fact that he was impaired at the time the agreement was signed.
The individual who disputes the enforceability of the agreement would have to prove that he was under the influence of a substance at the time he signed the agreement, which prevented him from fully understanding what he was agreeing to.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Maryland Divorce Lawyer Jeff J. Kim, please contact Cordell & Cordell.